Domestic violence, 498 a and judiciary: Shifting dimensions

To protect the rights of every citizen is the fundamental accountability of efficacious democracy like India. To make available safeguard and secure from breach or violation of individual rights, Indian Constitution provides basic fundamental rights to every citizen of India. In addition to basic fundamental rights, other legal protection to citizens against crime are also provided in various categories of laws like civil laws, criminal laws, family laws, property laws etc. Indian Penal Code, 1860, is the primary source for the classification of crime against human body and its punishment in India.

In the year 1983, to accomplish the objective of providing a shield to the married women from cruelty by the husband or his relatives, Section 498-A was introduced in the Indian Penal Code. In the last three decades, many provisions and enactments came in force to strengthen the position of women in the society. Majorly focusing on their liberty, equality and social justice in the society. But recently the judiciary has witnessed the misuse of protective laws in India.